9.28.230 Vacancy control – Establishment of new base rent.
A. A mobile home park owner shall be permitted to charge a new base rent for a mobile home space whenever a lawful space vacancy occurs. For purposes of this chapter, a “lawful space vacancy” is defined as follows:
1. A vacancy occurring because of the termination of the tenancy of the affected mobile home tenant in accordance with the Mobile Home Residency Law, California Civil Code Sections 798.55 through 798.60, as amended; or
2. A vacancy of the mobile home space arising from the voluntary removal of a mobile home from the mobile home space by the affected mobile home tenant. A removal of the mobile home from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobile home shall not constitute a voluntary removal of the mobile home.
B. When a new base rent is established following the vacancy of a mobile home space pursuant to this section, the park owner shall give written notice to the new affected tenant of the 12-month anniversary date for rent increases allowed under SMC 9.28.050 and shall give written notice to such affected tenant that the space rent may be subject to stabilized rent increases pursuant to the provisions of this chapter.
C. A mobile home park owner shall be permitted to increase the base rent for a mobile home space by up to 10 percent when an in-place transfer of a mobile home occurs, other than a lawful space vacancy.
1. For purposes of this chapter, an “in-place transfer” is defined as the sale, transfer, or other conveyance of a mobile home with the mobile home remaining on the mobile home space following the sale, transfer, or conveyance. A transfer of title whereby the mobile home owner adds or removes one or more co-owners and continues to reside in the mobile home as their primary residence shall not constitute an in-place transfer. No increase in the base rent may be imposed pursuant to this section where title to the mobile home passes to one or more person(s) who, at the time of the title transfer: (a) was/were also lawful, authorized resident(s) of the mobile home; or (b) was/were lawful, authorized resident(s) of a mobile home located on a different mobile home space in the same mobile home park.
2. A park owner may not condition an in-place transfer of a mobile home, or condition the assignment of an existing lease to a prospective mobile home owner that is subject to this chapter, upon agreement to an increased rent.
In the absence of a lawful vacancy or an in-place transfer, a park owner is prohibited from raising rent upon a sale of a mobile home on site to a tenant-to-be or current tenant. (Ord. 1148 § 3, 2023)